Representative Candice B. Pierucci proposes the following substitute bill:


1     
PUBLIC SCHOOL DISCIPLINE AND CONDUCT PLANS

2     
AMENDMENTS

3     
2024 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: David G. Buxton

6     
House Sponsor: Douglas R. Welton

7     

8     LONG TITLE
9     General Description:
10          This bill creates within the Teacher and Student Success Program, the Teaching
11     Self-Government Skills for Success, Classroom Communication, and Discipline
12     Framework Pilot Program (pilot program) to address school discipline and conduct
13     issues.
14     Highlighted Provisions:
15          This bill:
16          ▸     creates a pilot program to support schools within a local education agency (LEA) in
17     implementing conduct and behavior strategies;
18          ▸     allows the pilot program to be part of an LEA governing board's teacher and student
19     success program framework;
20          ▸     defines terms; and
21          ▸     makes technical changes.
22     Money Appropriated in this Bill:
23          This bill appropriates in fiscal year 2025:
24          ▸     to State Board of Education - State Board and Administrative Operations - Teaching
25     Self-Government Skills for Success, Classroom Communication, and Discipline Framework

26     Pilot Program as a one-time appropriation:
27               •     from the Public Education Economic Stabilization Restricted Account,
28     One-time, $150,000
29     Other Special Clauses:
30          This bill provides a special effective date.
31     Utah Code Sections Affected:
32     AMENDS:
33          53G-7-1301, as enacted by Laws of Utah 2019, Chapter 505
34          53G-7-1304, as last amended by Laws of Utah 2020, Chapter 408
35          63I-2-253 (Superseded 07/01/24), as last amended by Laws of Utah 2023, Chapters 7,
36     21, 33, 142, 167, 168, 380, 383, and 467
37          63I-2-253 (Effective 07/01/24), as last amended by Laws of Utah 2023, Chapters 7, 21,
38     33, 142, 167, 168, 310, 380, 383, and 467
39     ENACTS:
40          53G-7-1307, Utah Code Annotated 1953
41     

42     Be it enacted by the Legislature of the state of Utah:
43          Section 1. Section 53G-7-1301 is amended to read:
44          53G-7-1301. Definitions.
45          As used in this part:
46          (1) "LEA distribution" means the money distributed by the state board to an LEA as
47     described in Section 53G-7-1303.
48          (2) "LEA governing board student success framework" means an LEA governing board
49     student success framework described in Section 53G-7-1304.
50          (3) "Principal" means the chief administrator at a school, including:
51          (a) a school principal;
52          (b) a charter school director; or
53          (c) the superintendent of the Utah Schools for the Deaf and the Blind.
54          (4) "School allocation" means the amount of money allocated to a school or the Utah
55     Schools for the Deaf and the Blind by an LEA governing board, as described in Section
56     53G-7-1304.

57          (5) "School personnel" means an individual who:
58          (a) is employed by an LEA; and
59          (b) in an academic role, works directly with and supports students in a school.
60          (6) "Statewide accountability system" means the statewide school accountability
61     system described in Title 53E, Chapter 5, Part 2, School Accountability System.
62          (7) "Teaching Self-Government Skills for Success, Classroom Communication, and
63     Discipline Framework Pilot Program" or "pilot program" means the pilot program created in
64     Section 53G-7-1307.
65          [(7)] (8) "Teacher and student success plan" or "success plan" means a school
66     performance and student academic achievement improvement plan described in Section
67     53G-7-1305.
68          [(8)] (9) "Teacher and Student Success Program" or "program" means the Teacher and
69     Student Success Program described in this part.
70          Section 2. Section 53G-7-1304 is amended to read:
71          53G-7-1304. Program requirements -- LEA governing board student success
72     framework -- LEA distribution -- School allocation -- Reporting.
73          (1) (a) To receive an LEA distribution, an LEA governing board shall:
74          (i) adopt an LEA governing board student success framework to provide guidelines and
75     processes for a school within the LEA governing board's LEA to follow in developing a teacher
76     and student success plan; and
77          (ii) submit the adopted LEA governing board student success framework to the state
78     board.
79          (b) An LEA governing board may include in the LEA governing board's student
80     success framework any means reasonably designed to improve school performance or student
81     academic achievement, including:
82          (i) school personnel stipends for taking on additional responsibility outside of a typical
83     work assignment;
84          (ii) professional learning;
85          (iii) additional school employees, including counselors, social workers, mental health
86     workers, tutors, media specialists, information technology specialists, or other specialists;
87          (iv) technology;

88          (v) before- or after-school programs;
89          (vi) summer school programs;
90          (vii) community support programs or partnerships;
91          (viii) early childhood education;
92          (ix) class size reduction strategies;
93          (x) augmentation of existing programs;
94          (xi) the pilot program described in Section 53G-7-1307; or
95          [(xi)] (xii) other means.
96          (c) An LEA governing board student success framework may not support the use of
97     program money:
98          (i) to supplant funding for existing public education programs;
99          (ii) for district administration costs; or
100          (iii) for capital expenditures.
101          (2) (a) An LEA governing board shall use an LEA distribution as follows:
102          (i) for increases to base salary and salary driven benefits for school personnel that,
103     except as provided in Subsection (2)(c)(i), total 25% or less of the LEA distribution; and
104          (ii) except as provided in Subsection (2)(b)(ii) and in accordance with Subsection (3),
105     for each school within the LEA governing board's LEA, an allocation that is equal to the
106     product of:
107          (A) the percentage of the school's prior year average daily membership compared to the
108     total prior year average daily membership for all schools in the LEA; and
109          (B) the remaining amount of the LEA governing board's LEA distribution after
110     subtracting the amounts described in Subsections (2)(a)(i) and (2)(b)(ii).
111          (b) (i) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
112     the state board shall make rules for an LEA governing board to calculate and distribute a school
113     allocation for a school in the school's first year of operation.
114          (ii) In accordance with Subsection (3) and the rules described in Subsection (2)(b)(i),
115     an LEA governing board shall distribute a school allocation for a school in the school's first
116     year of operation.
117          (c) Except as provided in Subsection (2)(d), the LEA governing board of a school
118     district may use up to 40% of an LEA distribution for the purposes described in Subsection

119     (2)(a)(i), if:
120          (i) the LEA governing board has:
121          (A) approved a board local levy for the maximum amount allowed under Section
122     53F-8-302; or
123          (B) after the LEA governing board has submitted an LEA governing board student
124     success framework to the state board, increased the board local levy described in Section
125     53F-8-302 by at least .0001 per dollar of taxable value; and
126          (ii) the school district's average teacher salary is below the state average teacher salary
127     described in Subsection (2)(f).
128          (d) The LEA governing board of a school district in a county of the fourth, fifth, or
129     sixth class or the LEA governing board of a charter school may use up to 40% of an LEA
130     distribution for the purposes described in Subsection (2)(a)(i), if the LEA's average teacher
131     salary is below the state average teacher salary described in Subsection (2)(f).
132          (e) An LEA governing board shall annually report information as requested by the state
133     board for the state board to calculate a state average teacher salary.
134          (f) The state board shall use the information described in Subsection (2)(c)(ii) to
135     calculate a state average teacher salary amount and a state average teacher benefit amount.
136          (3) An LEA governing board shall allocate a school allocation to a school with a
137     teacher and student success plan that is approved as described in Section 53G-7-1305.
138          (4) (a) Except as provided in Subsection (4)(b), a school shall use a school allocation to
139     implement the school's success plan.
140          (b) A school may use up to 5% of the school's school allocation to fund school
141     personnel retention at the principal's discretion, not including uniform salary increases.
142          (c) A school may not use a school allocation for:
143          (i) capital expenditures; or
144          (ii) a purpose that is not supported by the LEA governing board student success
145     framework for the school's LEA.
146          (5) A school that receives a school allocation shall annually:
147          (a) submit to the school's LEA governing board a description of:
148          (i) the budgeted and actual expenditures of the school's school allocation;
149          (ii) how the expenditures relate to the school's success plan; and

150          (iii) how the school measures the success of the school's participation in the program;
151     and
152          (b) post on the school's website:
153          (i) the school's approved success plan;
154          (ii) a description of the school's school allocation budgeted and actual expenditures and
155     how the expenditures help the school accomplish the school's success plan; and
156          (iii) the school's current level of performance, as described in Section 53G-7-1306,
157     according to the indicators described in Section 53E-5-205 or 53E-5-206.
158          Section 3. Section 53G-7-1307 is enacted to read:
159          53G-7-1307. Teaching Self-Government Skills for Success, Classroom
160     Communication, and Discipline Framework Pilot Program.
161          (1) Beginning May 1, 2025, there is created within the Teacher and Student Success
162     Program, a three-year pilot program known as the Teaching Self-Government Skills for
163     Success, Classroom Communication, and Discipline Framework Pilot Program to:
164          (a) train school faculty and students in personal self-government communication and
165     problem solving practices;
166          (b) improve:
167          (i) classroom discipline;
168          (ii) teacher and student mental health; and
169          (iii) classroom management.
170          (2) The state board shall create a training course that an LEA or school shall use if the
171     LEA or school chooses to participate in the pilot program.
172          (3) (a) The state board shall ensure the training course described in Subsection (2)
173     contains the following:
174          (i) effective classroom management;
175          (ii) appropriate approaches to student behavior and discipline consistent with federal
176     and state law; and
177          (iii) effective tools to de-escalate behavior.
178          (b) The state board shall ensure the training described in Subsection (3)(a) is consistent
179     with the following principles:
180          (i) personal self-government;

181          (ii) accepting consequences;
182          (iii) respecting boundaries;
183          (iv) accepting criticism;
184          (v) disagreeing appropriately; and
185          (vi) following instructions
186          (4) An LEA with a participating school:
187          (a) shall ensure that each teacher in the participating school annually receives the
188     materials of the course described in Subsection (3); and
189          (b) may not provide the training course outside of the LEA or the participating school.
190          (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
191     board shall make rule establishing:
192          (a) how an LEA provides to a teacher at a participating school the following stipends
193     upon completion of different modules consistent with Subsection (3):
194          (i) $100 for completion and implementation of one module;
195          (ii) $300 for completion and implementation of two modules;
196          (iii) $300 for completion and implementation of three modules; and
197          (iv) $1,000 for completion of an action plan project that requires a teacher to:
198          (A) create a school or classroom plan that follows the pilot program's training course;
199     and
200          (B) submit research, evidence, and a reflection paper regarding the results of the
201     project; and
202          (b) a reporting requirement for a participating LEA including:
203          (i) metrics of success for the pilot program; and
204          (ii) other information the state board determines.
205          (6) The state board may designate at least one staff position to provide oversight and
206     technical support for the pilot program and the pilot program's implementation.
207          (7) Upon request of the Education Interim Committee, an LEA with schools
208     implementing the pilot program shall report to the Education Interim Committee on the pilot
209     program's progress and outcomes.
210          Section 4. Section 63I-2-253 (Superseded 07/01/24) is amended to read:
211          63I-2-253 (Superseded 07/01/24). Repeal dates: Titles 53 through 53G.

212          (1) Section 53-1-118 is repealed on July 1, 2024.
213          (2) Section 53-1-120 is repealed on July 1, 2024.
214          (3) Section 53-7-109 is repealed on July 1, 2024.
215          (4) Section 53-22-104 is repealed December 31, 2023.
216          (5) Section 53B-6-105.7 is repealed July 1, 2024.
217          (6) Section 53B-7-707 regarding performance metrics for technical colleges is repealed
218     July 1, 2023.
219          (7) Section 53B-8-114 is repealed July 1, 2024.
220          (8) The following provisions, regarding the Regents' scholarship program, are repealed
221     on July 1, 2023:
222          (a) in Subsection 53B-8-105(12), the language that states, "or any scholarship
223     established under Sections 53B-8-202 through 53B-8-205";
224          (b) Section 53B-8-202;
225          (c) Section 53B-8-203;
226          (d) Section 53B-8-204; and
227          (e) Section 53B-8-205.
228          (9) Section 53B-10-101 is repealed on July 1, 2027.
229          (10) Subsection 53E-1-201(1)(s) regarding the report by the Educational Interpretation
230     and Translation Services Procurement Advisory Council is repealed July 1, 2024.
231          (11) Section 53E-1-202.2, regarding a Public Education Appropriations Subcommittee
232     evaluation and recommendations, is repealed January 1, 2024.
233          (12) Section 53F-2-209, regarding local education agency budgetary flexibility, is
234     repealed July 1, 2024.
235          (13) Subsection 53F-2-314(4), relating to a one-time expenditure between the at-risk
236     WPU add-on funding and previous at-risk funding, is repealed January 1, 2024.
237          (14) Section 53F-2-524, regarding teacher bonuses for extra work assignments, is
238     repealed July 1, 2024.
239          (15) Section 53F-5-221, regarding a management of energy and water pilot program, is
240     repealed July 1, 2028.
241          (16) Section 53F-9-401 is repealed on July 1, 2024.
242          (17) Section 53F-9-403 is repealed on July 1, 2024.

243          (18) Section 53F-5-222, is repealed July 1, 2028.
244          [(18)] (19) On July 1, 2023, when making changes in this section, the Office of
245     Legislative Research and General Counsel shall, in addition to the office's authority under
246     Section 36-12-12, make corrections necessary to ensure that sections and subsections identified
247     in this section are complete sentences and accurately reflect the office's perception of the
248     Legislature's intent.
249          Section 5. Section 63I-2-253 (Effective 07/01/24) is amended to read:
250          63I-2-253 (Effective 07/01/24). Repeal dates: Titles 53 through 53G.
251          (1) Subsection 53-1-104(1)(b), regarding the Air Ambulance Committee, is repealed
252     July 1, 2024.
253          (2) Section 53-1-118 is repealed on July 1, 2024.
254          (3) Section 53-1-120 is repealed on July 1, 2024.
255          (4) Section 53-2d-107, regarding the Air Ambulance Committee, is repealed July 1,
256     2024.
257          (5) In relation to the Air Ambulance Committee, on July 1, 2024, Subsection
258     53-2d-702(1)(a) is amended to read:
259          "(a) provide the patient or the patient's representative with the following information
260     before contacting an air medical transport provider:
261          (i) which health insurers in the state the air medical transport provider contracts with;
262          (ii) if sufficient data is available, the average charge for air medical transport services
263     for a patient who is uninsured or out of network; and
264          (iii) whether the air medical transport provider balance bills a patient for any charge not
265     paid by the patient's health insurer; and".
266          (6) Section 53-7-109 is repealed on July 1, 2024.
267          (7) Section 53-22-104 is repealed December 31, 2023.
268          (8) Section 53B-6-105.7 is repealed July 1, 2024.
269          (9) Section 53B-7-707 regarding performance metrics for technical colleges is repealed
270     July 1, 2023.
271          (10) Section 53B-8-114 is repealed July 1, 2024.
272          (11) The following provisions, regarding the Regents' scholarship program, are
273     repealed on July 1, 2023:

274          (a) in Subsection 53B-8-105(12), the language that states, "or any scholarship
275     established under Sections 53B-8-202 through 53B-8-205";
276          (b) Section 53B-8-202;
277          (c) Section 53B-8-203;
278          (d) Section 53B-8-204; and
279          (e) Section 53B-8-205.
280          (12) Section 53B-10-101 is repealed on July 1, 2027.
281          (13) Subsection 53E-1-201(1)(s) regarding the report by the Educational Interpretation
282     and Translation Services Procurement Advisory Council is repealed July 1, 2024.
283          (14) Section 53E-1-202.2, regarding a Public Education Appropriations Subcommittee
284     evaluation and recommendations, is repealed January 1, 2024.
285          (15) Section 53F-2-209, regarding local education agency budgetary flexibility, is
286     repealed July 1, 2024.
287          (16) Subsection 53F-2-314(4), relating to a one-time expenditure between the at-risk
288     WPU add-on funding and previous at-risk funding, is repealed January 1, 2024.
289          (17) Section 53F-2-524, regarding teacher bonuses for extra work assignments, is
290     repealed July 1, 2024.
291          (18) Section 53F-5-221, regarding a management of energy and water pilot program, is
292     repealed July 1, 2028.
293          (19) Section 53F-9-401 is repealed on July 1, 2024.
294          (20) Section 53F-9-403 is repealed on July 1, 2024.
295          (21) Section 53F-5-222, is repealed July 1, 2028.
296          [(21)] (22) On July 1, 2023, when making changes in this section, the Office of
297     Legislative Research and General Counsel shall, in addition to the office's authority under
298     Section 36-12-12, make corrections necessary to ensure that sections and subsections identified
299     in this section are complete sentences and accurately reflect the office's perception of the
300     Legislature's intent.
301          Section 6. FY 2025 Appropriation.
302          The following sums of money are appropriated for the fiscal year beginning July 1,
303     2024, and ending June 30, 2025. These are additions to amounts previously appropriated for
304     fiscal year 2025.

305          Subsection 6(a). Operating and Capital Budgets.
306          Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
307     Legislature appropriates the following sums of money from the funds or accounts indicated for
308     the use and support of the government of the state of Utah.
309     
ITEM 1
     To State Board of Education - State Board and Administrative Operations
310      From Public Education Economic Stabilization Restricted
Account, One-time
$150,000
311      Schedule of Programs:
312      Teaching Self-Government Skills for
Success, Classroom Communication,
and Discipline Framework Pilot
Program
$150,000

313          Section 7. Effective date.
314          This bill takes effect on May 1, 2024.